When there are three referees all must meet, but two of them may do any act which might be done by all.
§ 1053.Authority of Two of Three Referees to Do Any Act
Title 14. Of Miscellaneous Provisions · Chapter 7. General Provisions · Last amended 1961 · Last verified July 28, 2026
In one sentenceSection 1053 provides that when a matter is referred to three referees, all three must meet together, but any act that could be performed by all three may instead be done by just two of them.
Full Text of § 1053
Plain-English Summary
Referees are sometimes appointed to hear and decide matters on the court's behalf, and this section addresses what happens when three are appointed to the same reference. All three are expected to meet as a body.
Once they meet, though, unanimity is not required to act. Anything the three referees together could do, two of them may do instead, so the process is not held hostage by a single referee's unavailability or disagreement.
This is a narrow, practical rule aimed at keeping multi-referee proceedings moving, and it fits within this chapter's broader collection of general provisions addressing procedural mechanics that apply across many kinds of civil actions.
Frequently Asked Questions
Do all three referees have to be present for a reference to three referees?
They must meet, but § 1053 lets any act that could be done by all three instead be done by two of them.
Does this section apply to a reference to a single referee?
No. It specifically addresses the situation where three referees have been appointed to the same matter.
Amendment History
Amended by Stats. 1961, Ch. 461.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: three referees california civil proceduremajority of referees act california